Analysis of the International Scenario with Reference to Marital Rape

Rape within marriage is considered as a valid act. This keeps spousal rape outside the arena of crime. The short sighted attitude of society towards women makes them prone to victimization. The punishment for the horrendous act of marital rape cannot be escaped with hinging on the reason of the existence of relationship of husband and wife. The common law doctrine of Hale which provides immunity to marital rape was followed in various countries. The newspaper coverage throws the grim light on the persistent incidents of violence against women occurring globally. This espoused concern at the global level leading to the adoption of various covenants and declarations comprising of various Articles to safeguard the dignity and worth of women. Perturbed by the consistent derogation of human rights of women, certain Articles have been specifically laid down to secure the persona of women. Spousal rape is clearly a derogation of human rights.. The Indian Law does not criminalise rape within marriage barring the exception of victim child wives despite the unconstitutional nature of the act. It is necessary to delve into the international instruments in order to understand that marital rape causes transgression of significant human rights. Few instruments are mentioned herein containing some significant Articles which indicate that marital rape is clearly a cause of indignation of women’s dignity and must be punished. The paper also highlights the position prevalent in South Africa and UK.